Chapter XIII - Special Rules of Evidence
Section 119
Section 119: Presumption on proof of protest
Section 119 gives a proved protest an evidentiary effect in a suit on a dishonoured instrument.
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Need advice on Section 119?
This article is for general information. Refer to the Negotiable Instruments Act, 1881 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
In a suit upon an instrument which has been dishonoured, the Court shall, on proof of the protest, presume the fact of dishonour, unless and until such fact is disproved.
Applicability and limits
The court presumes dishonour once the protest is proved in the suit. This provision concerns proof of that fact; a business should still establish the instrument, relevant parties and other elements of its claim.
The presumption is rebuttable. It lasts unless and until the fact of dishonour is disproved; a protest does not automatically establish every allegation or the amount recoverable.
Hypothetical example
Hypothetical: a supplier sues on a dishonoured bill and proves its notarial protest. Section 119 supports the fact of dishonour, while the opposing party may present contrary evidence.
Evidence and decision flow
Keep the original instrument and the protest record.
Identify the witness or material needed to prove the protest.
Separate proof of dishonour from proof of debt, title and claimed loss.
Practical checklist
Do
- Keep the original instrument and the protest record.
- Identify the witness or material needed to prove the protest.
- Separate proof of dishonour from proof of debt, title and claimed loss.
Avoid
- The presumption is rebuttable. It lasts unless and until the fact of dishonour is disproved; a protest does not automatically establish every allegation or the amount recoverable.
Glossary
- Protest
- A formal notarial record used under the Act’s protest provisions.
- Rebuttable presumption
- A presumed fact that contrary proof can displace.
Frequently asked questions
Is the court’s presumption conclusive?
No. The section expressly allows the fact of dishonour to be disproved.
Does the protest have to be proved?
Yes. The presumption arises on proof of the protest in a suit upon the instrument.
Does it establish the entire claim?
The statutory presumption concerns the fact of dishonour; other disputed elements require separate analysis.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026